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Property ownership in St. Maarten is a relatively simple process and is open to both
residents and non-residents alike. As in all jurisdictions around the world,
establishing your identity, whether personally or corporately in order to execute
the purchase transaction is critical.
The conveyance of real property in St. Maarten is accomplished using the services of a Civil Law Notary
under the European system of title registry. The notary is charged with ensuring the conveyance protects the
buyer by delivering free and clear ownership and that the buyer is aware of all relevant conditions affecting
the property, such as restrictive covenants and easements.
Deed transfers in St. Maarten can take the form of a fee simple transfer, government long lease or private
long lease. Each carries full ownership rights. Closing costs are typically for the account of the purchaser
and are generally below 6% including government transfer tax and Notary fees.
When the Purchase and Sale Agreement is properly executed and all conditions waived, the Notary will proceed
to examine title to determine rightful ownership, the chain of ownership and any liens, mortgages or other
encumbrances affecting the property. Once satisfied, he will prepare the Deed of Conveyance and set a date
for closing. For the benefit of non-residents, the Notary can also prepare Powers of Attorney if the party
to the transaction is unable to attend the closing.
St. Maarten’s generous tax structure provides significant incentives for would-be property owners. The
absence of property and capital gains taxes, together with the ability for offshore holding companies to
invest directly on the island, combines to create an opportunistic investment climate.
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